Mental capacity problems

Problem: Mrs L was divorced 25 years ago and at the time an order was made that her husband should pay financial support to her until such time as she re-married. Mrs L never re-married and the payments had been continuing ever since the order was made.

Mrs L had vascular dementia and other health problems. She had recently moved into nursing care which was NHS funded. Her personal living expenses were now very small.

Her niece contacted us about a letter Mrs L had received from her ex-husband’s solicitors.

Her ex-husband had made an application for an order to stop the maintenance payments but Mrs L’s consent was required to get the original maintenance order changed by the court. Mrs L didn’t have the mental capacity to make that decision.

How we helped: We assisted in making an application to the Court of Protection for authority for consent to be given on Mrs L’s behalf so the maintenance payments could stop. We also obtained an order from the court for the appointment of Mrs L’s niece as her deputy to manage her financial affairs.